Opinion

PILGRIM v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE

Court
District Court, E.D. Pennsylvania
Filed
Oct 1, 2019
Cited by
0 cases
Authority
More cited than 28.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DANIEL PILGRIM : CIVIL ACTION

Petitioner :

: NO. 18-4360

v. :

:

PA BD. OF PROBATION & :

PAROLE, et al., :

Respondents :

O R D E R

AND NOW, this 1st day of October 2019, upon consideration of the Report and

Recommendation issued on August 28th, 2019, by the Honorable Linda K. Caracappa, United

States Magistrate Judge (the “Magistrate Judge”), [ECF 18], to which no objections were filed by

Petitioner Daniel Pilgrim (“Petitioner”), and after a careful and independent review of the record,

it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;1

2. The Petition for Writ of Habeas Corpus is DENIED, with prejudice;

3. There is no probable cause to issue a certificate of appealability; and

4. The Clerk of Court shall mark this case CLOSED.

BY THE COURT:

/s/ Nitza I. Quiñones Alejandro

NITZA I. QUIÑONES ALEJANDRO

Judge, United States District Court

1 As noted, Petitioner did not file any objection and/or response to the Report and Recommendation

(the “R&R”). Therefore, the R&R is reviewed under the “plain error” standard. See Facyson v. Barnhart,

2003 WL 22436274, at *2 (E.D. Pa. May 30, 2003). Under this plain error standard of review, an R&R

should only be rejected if the magistrate judge commits an error that was “(1) clear or obvious, (2) affect[ed]

‘substantial rights,’ and (3) seriously affected the fairness, integrity or public reputation of judicial

proceedings.” Leyva v. Williams, 504 F.3d 357, 363 (3d Cir. 2007) (internal quotations and citations

omitted). Here, after a thorough, independent review of the record and the R&R, this Court finds the

Magistrate Judge did not commit any error and, therefore, approves and adopts the R&R in its entirety.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.